HomeMy WebLinkAbout10-21-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4800 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 25 - October 21, 1996
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President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem and Stobaugh. Absent: None
Mayor Canfield presented an Honorable Mention Award from the United States
Environmental Protection Agency to the Rochester Water Reclamation Plant.
The award was given for the outstanding contributions in use of beneficial
biosolids by the City. Lyle Zimmerman, Director of the Water Reclamation
Plant, accepted on behalf of the City stating that the his staff at the plant and
Van Larson, a consultant retained by the City, were the individuals responsible in
getting the award.
A Hearing on Vacation Petition #96-13 by John Bass to vacate a portion of the
12.5 foot utility easement along the northerly line of Lot 37, Block 1, Salem Point
Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
574-96 approving Vacation Petition #96-13 by John Bass. Ayes (7), Nays (0).
Motion carried.
A Hearing on Final Plat #96-20 to be known as Manor Woods West 7th
Subdivision.
Wishing to be heard was Chuck Forbrook, Drake, Forbrook & Associates, 3746
Manor Woods Drive N.W. Mr. Forbrook asked that the Council continue the
hearing to the November 4th, 1996 meeting. The grading plan will have been
completed and to the Public Works Department for approval by that time.
Councilmembers Hruska moved, Stobaugh seconded, to continue the hearing on
Final Plat #96-20 to be known as Manor Woods West 7th Subdivision to the
November 4th, 1996 meeting. Ayes (7), Nays (0). Motion carried.
A Hearing on Zone Change Request #96-10 by Ron Braasch for Seneca from
the R-1 District to the M-1 District.
Bill Tointon, McGhie & Betts, representing the applicant, briefly discussed the
findings of the Planning Commission and was available for questions.
Having no one further wishing to be heard President Hunziker closed the
hearing.
Councilmembers Marcoux moved, McConnell seconded, to approve Zone
Change Request #96-10 by Ron Braasch for Seneca and instruct the City
Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 25 - October 21, 1996 4801
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B-4 A Hearing on General Development Plan #96-121 to be known as Emerald Hills.
Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
Cassidy family. Mr. Borchering noted that the applicant agreed with all the
conditions of the Planning Commission.
Wishing to be heard was Cletus Pollack, 2008 Viola Road N.E., asking where the
road from Emerald Hills was going to exit. Mr. Borcherding replied to the south
through School property to Viola Road N.E.
Wishing to be heard was Pat Facer, 3643 Hidden Cove N.E., asking who would
be paying for the easements and construction of the street across school
property. Mr. Borcherding replied that it was a part of the purchase agreement
between the School District and the Cassidy family at the time the land was
purchased for the new school that the school build the street and extend utilities
to the Cassidy property.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to approve General
Development Plan #96-121 to be known as Emerald Hills with the six findings
and five conditions of the Planning Commission and instruct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0).
Motion carried.
C-1 - Councilmembers Stobaugh moved, Evans seconded, to approve the following
C-13 consent agenda items:
C-1 Approval of the minutes from the October 7th, 1996 meeting.
C-2 Adopt Resolution No. 575-96 granting a revocable permit to Sterling State Bank
at 102 South Broadway to allow the installation of a business sign projecting over
a public sidewalk.
C-3 Approval of the following licenses and miscellaneous activities:
Gambling - Temporary
Hiawatha Homes Foundation - Raffle at Mayo Civic Center - November.
26, 1996
Liquor - Temporary On -Sale
Andy's Liquors for Hiawatha Homes Foundation - wine tasting event at
Radisson Plaza Hotel Ballroom - November 15, 1996
Miscellaneous Street Use
Knights of Columbus/Rochester Track Club Road race & Fun Walk -
October 26, 1996
Rochester Track Club 7-Mile Race - November 2, 1996
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4802 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 25 - October 21, 1996
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Adopt Resolution No. 576-96 setting a public hearing on November 18, 1996 for
assessing unpaid accounts for weeds, trees, snow, debris removal and
electric/sewer/water.
Approval of a Fireworks Display at the Mayo Civic Center Arena on October 17,
1996 for the Rochester Convention & Visitors Bureau.
Approval of accounts payable in the amount of $1,410,986.34.
Approval of the appointments of Joel Stoehr, 844 Seventh Avenue S.E.,
Rochester, and Greg Flesher, 1044 Mayowood Road S.W., Rochester, to the
Historic Preservation Committee.
Adopt Resolution No. 577-96 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 578-96 ordering a
hearing on November 18, 1996 for Project No. 6204-2-95 (J-2244) "Street
Reconstruction and Widening on 4th Street S.E. from 11th Avenue S.E. to 19th
Avenue S.E.".
Adopt Resolution No. 579-96 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 580-96 ordering a
hearing on November 18, 1996 for Project No. 6241-4-94 (J-9295) "Grading and
Surfacing 41 st Street N.W. from 31 st Avenue N.W. to West Circle Drive N.W.".
Adopt Resolution No. 581-96 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 582-96 ordering a
hearing on November 18, 1996 for Project No. 6205-4-96A (J-2239)
"Replacement of Watermain in Conjunction with the Reconstruction of Civic
Center Drive and 11th Avenue N.W.".
Adopt Resolution No. 583-96 declaring the costs to be assessed and ordering
the preparation of the assessment roil and Resolution No. 584-96 ordering a
hearing on November 18, 1996 for Project No. 6301-3-95 (J-2248)
"Reconstruction/Rehabilitate Ist Avenue S.W. from Ist Street S.W. to 3rd Street
S.W.".
Adopt Resolution 585-96 authorizing the Mayor and City Clerk to execute the
Assessment Agreement between Leo Ciani, James Donlinger and Scott
Lampland and the City of Rochester for CTV 30 Parcel 018300 relative to Project
No. J-9173 "Sanitary Sewer and Watermain" and Project No. J-9265 "Water
Tower N.W. Service Area".
Adopt Resolution No. 586-96 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 587-96 ordering a
hearing on November 18, 1996 for New Sidewalk Project No. 9-1996 (J-9385)
"Construction of New Sidewalk at Various Locations Throughout the City".
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 25 - October 21, 1996 4803
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D-1 Wishing to be heard was Scott Trckler, 5304 Nicklaus Drive N.W., requesting
consideration to reopen 57th Street N.W. due to the current drainage work on
55th Street N.W. Mr. Trckler noted that it is extremely difficult for homeowners to
get in and out of their neighborhood and was concerned about the safety issue
of access by emergency vehicles.
Richard Freese, Director of Public Works, stated that they would look into the
use of a detour plan and signs for work planned in the immediate future.
D=1 Wishing to be heard was Jan Andrews, 5705 45th Avenue N.W.. Ms. Andrews
lives in the White Oaks Subdivision and had previously asked the Council to
close 57th Street because of the construction traffic. She noted that the
barricades that have been placed are no good as construction crews remove
them and proceed to use 57th Street.
Richard Freese said that they could talk with the developer and see if the
construction traffic can be detoured.
D-1 Wishing to be heard was Bruce Snyder, 4349 Cimarron Court N.W., and a
member of the Human Rights Commission. Mr. Snyder wanted to invite the
Council to a workshop sponsored by the Human Rights Commission on
Saturday, November 9th, from 10:00 A.M. to 12 Noon, at the United Way
Building. The workshop is entitled "Landlords and Tenants: Rights and
Responsibilities".
D-1 Councilmember Senjem asked that Dave Brown we recognized for his
community work with at -risk youth. Mr. Brown is leaving the community.
E-1 Councilmembers Stobaugh moved, Marcoux seconded, to approve regulations
relating to the use and prohibited acts of the pedestrian skyway system and
instruct the City Attorney to prepare an ordinance creating Chapter 73C for
adoption. Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers McConnell moved, Senjem seconded, to adopt the following
Public Utility Resolutions:
Resolution No. 588-96 approving an insurance agreement with Hartford Steam
Boiler Company for furnishing all risk property insurance for a one year period
expiring on October 17, 1997 at an amount not to exceed $156,569.00.
Resolution No. 589-96 approving an insurance agreement with the Associated
Electric and Gas Insurance Services, Ltd. for furnishing comprehensive general
Oliability insurance for a one year period expiring on October 17, 1997 at an
amount not to exceed $129,702.00.
Ayes (7), Nays (0). Motion carried.
Councilmember McConnell questioned the need for upgrading the SCADA
system as requested by Public Utilities.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4804 Regular Adjourned Meeting No. 25 - October 21, 1996
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Walt Lorber, Acting Director of Rochester Public Utilities, explained that the
SCADA system will provide them with data to meet future demands of water and
electric usage.
Councilmembers Senjem moved, Marcoux seconded, to adopt the following
Public Utility Resolutions:
Resolution No. 590-96 approving a contract agreement with Advanced Control
systems for SCADA RTU Upgrade and Modification Project in an amount not to
exceed $153,330.00.
Resolution No. 591-96 approving a contract agreement with Valmet Automation
for SCADA System Replacement Project in an amount not to exceed
$658,400.00.
Ayes (6), Nays (0), Abstain (1). Motion carried. Councilmember McConnell
abstained.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 592-
96 authorizing the Mayor and City Clerk to sign the Excess Risk Insurance Policy
and Medical Conversion Administrative Agreement with EBP Life. Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
593-96.approving the purchase of a 1996 GMC Suburban from Kuehn Motor
Company for the State Hazardous Materials Response Team. Ayes (7), Nays
(0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 594 authorizing the City Clerk to advertise for bids for an aerial truck and
tanker for the Rochester Fire Department. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Marcoux seconded, to approve the adoption of
an interim ordinance that would cover the time from adoption to January 1, 1997
for the control Wireless Telecommunications Towers in the City of Rochester,
instruct the City Attorney to prepare an interim ordinance for adoption and
suspend the rules and give the ordinance a second reading. Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 595-
96 adding Paragraph (6) to section M "Neighborhood Traffic Control' of the
Comprehensive Traffic and Parking Resolution Book to read:
(6) East River road N.E. at 27th Street N.E. a Temporary 4-Way Stop
until November 1, 1997.
Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 25 - October 21, 1996
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E-8 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 596-96 authorizing the City Staff to settle the acquisition for a watermain
easement on the Thompson property for proposed Project No. J-9361
"Watermain to Serve Machinery Hill" in the amount of $720.00. Ayes (7), Nays
(0). Motion carried.
E-9 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
597-96 authorizing the City Staff to settle the acquisition for a watermain
easement on the Nuss Property for proposed Project No. J-9361 "Watermain to
Serve Machinery Hill" in the amount of $720.00. - Ayes (7), Nays (0). Motion
carried.
E-10 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 598-96 establishing the assessment rate for Project No. 6241-4-94 (J-9349)
at $828.50 per acre. Ayes (7), Nays (0). Motion carried.
E-11 Councilmembers Senjem moved, Hruska seconded, to approve the Findings of
Fact, Conclusions of Law, and Order prepared by the City Attorney on the
special assessment abatement petitions from Joel and Cheryl James for various
city projects providing water to Golden Hill, recommended in the amount of
$1,688.20, and referring said petition to the County Board for their consideration.
Ayes (7), Nays (0). Motion carried.
G-2 Councilmembers Senjem moved, Hruska seconded to remove from the table the
award of bids for Project No. 9308 (J-9288) "Construction of a High Level Water
Tower in the Northern Heights Area" and bring the item to the top of the agenda.
Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No.
599-96 awarding the contract for Project No. 9308 (J-9288) "Construction of a
High Level Water Tower in the Northern Heights Area" plus Alternate No. 3 in the
amount of $589,900.00 to CBI Na-Con at the original site proposed for the water
tower. Discussion.
Wishing to be heard was Ralph Ellefson, 2717 Oslo Court N.E., presenting his
findings on why the water tower could be located at alternative locations and that
hydrodynamics and elevations should not be restrictions to these alternatives.
,Wishing to be heard was Coyla Shepard, 2805 Hidden Hills Lane N.E.,
discussing soil densities for location of the tower, size difference in the
alternatives for the tower, and accessibility.
Ayes (7), Nays (0). Motion carried.
G-1 Councilmembers Hruska moved, Stobaugh seconded, to remove from the table
the award of bid for Project No. 9200-0-92A (J-9218) "Construct Silver Creek
Trunk Sewer along the north side of Railroad from existing S.E. Trunk to East
Circle Drive then construct East Circle Drive Trunk Sewer north along east side
of East Circle Drive to Viola Road N.E. (Phase 1 from Viola Road N.E. to
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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approximately 2300 feet south)" and Project No. 9609A (J-9379) "Trunk
Watermain Construction from Northern Heights East Eleventh Subdivision To
Additional High Level Storage Tower for the Northern Heights Area (Phase 1
from Viola Road N.E. to the proposed water tower)" and bring the item to the top
of the agenda. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
600-96 awarding the bid for Project No. 9200-0-92A (J-9218) "Construct Silver
Creek Trunk Sewer along the north side of Railroad from existing S.E. Trunk to
East Circle Drive then construct East Circle Drive Trunk Sewer north along east
side of East Circle Drive to Viola Road N.E. (Phase 1 from Viola Road N.E. to
approximately 2300 feet south)" and Project No. 9609A (J-9379) "Trunk
Watermain Construction from Northern Heights East Eleventh Subdivision To
Additional High Level Storage Tower for the Northern Heights Area (Phase 1
from Viola Road N.E. to the proposed water tower)" in the amount of
$447,734.50 to Elcor Construction contingent upon the City of Rochester and
Harold Payne entering into the appropriate contribution and assessment
agreements. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
601-96 authorizing the Mayor and City Clerk to enter into four Assessment
Agreements relative to property owned by Payne Company in Northern Heights
East Eleventh Subdivision and portions of the proposed Century Hills Subdivision
for Project No. J-9218 "Silver Creek Trunkline Sanitary Sewer", Project No. J-
9288 "Additional Water Tower to Serve Northern Heights", and Project No. J-
9379 "Trunk Watermain to New Water Tower". Ayes (7), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
602-96 awarding the contract to Road Constructors in the amount of $189,306.80
for Project No. 9602 (J-9361) "Watermain Extension from South Pointe Second
Subdivision to Machinery Hill Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 603-96 approving a one-year agreement with Bethel Lutheran Church to
establish a park and ride lot in 1997 in the 800 Block of 3rd Avenue S.E. Ayes
(7), Nays (0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
604-96 amending Paragraph $159.55) of Section B "No Parking Zones" of the
Comprehensive Traffic and Parking Resolution Book to read:
(159.55) Seventh Street S.W. on both sides from 15th Avenue to the
East Frontage Road TH 52; from 6:00 A.M. to 7:30 A.M.,
School Days Only
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
ular Adjourned Meeting No. 25 - October 21, 1996 .4807
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E-16 Councilmember Senjem moved, Marcoux seconded, to adopt Resolution No.
605-96 approving the consultant services proposal of Westwood Professional
Services of Eden Prairie, Minnesota for Project No. 9751 (J-6361) "Traffic Signal
Consultant at 11th Avenue & East Frontage Road" at a cost not to exceed
$14,782.00. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785,
known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota, was given a first reading. (East of TH 63, north of 28th
Street S.E., south of 20th Street S.E.- Seneca Foods)
F-2b An Ordinance Creating Chapter 73C of the Rochester Code of Ordinances,
Relating to Regulation of the Pedestrian Skyway System, was given a first
reading.
F-2c An Ordinance Creating Section 66.101 of the Rochester Code of Ordinances,
Relating to the Adoption of An Interim Ordinance Regulating the Placement of
Telecommunications Facilities Within the City, was given a first reading.
Councilmembers Hruska moved, Stobaugh seconded, to suspend the rules and
give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmembers Senjem moved,
Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-3a An Ordinance Creating and Enacting Sections 129.01, Subds. 20, 21, 22, and
23; 129.16, Subd 3; and 129.257; and Amending and Reenacting Sections
129.01, Subdivisions 4, parts (h), (i), 0), and (k), 7 and 16; 129.02; 129.03;
129.16; and 129.25 Subd. 1, parts (h) and (aaa), and Repealing Section 129.25,
Subd. 1 (uu), of the Rochester Code of Ordinances Relating to the City Sales
Tax.
Councilmembers Marcoux moved, McConnell seconded, to suspend the rules
and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried.
The Ordinance was given a second reading. Councilmembers McConnell
moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays
(0). Motion carried.
Having no further business, Councilmembers Hruska moved, Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
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City Clerk
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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